Vacate: Settlement Recommendation

2012A-3475-ROC · Registrar of Contractors · 2013-02-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: February 5, 2013, at 8:00 a.m. APPEARANCES: Alfred and Mary Zulli (hereinafter “Complainants’) appeared through Alfred Zulli. Gerard and Company Inc. (hereinafter “Gerard”), appeared through its president, Paul Gerard. ADMINISTRATIVE LAW JUDGE: M. Douglas

The following Findings of Fact, Conclusions of Law and Order are made: FINDINGS OF FACT 1. During the scheduled hearing Complainants’ representative, Alfred Zulli (hereinafter “Mr. Zulli”), testified that Gerard had fully complied with the terms of the Corrective Work Order issued in this matter. Mr. Zulli stated that Complainants were fully satisfied with the corrective work performed by Gerard. 2. The parties agreed that the issues set forth in the Citation and Complaint have been fully resolved. 3. Complainants and Gerard stipulated and agreed to vacate the hearing in this matter.

CONCLUSIONS OF LAW 1. A general policy of law favors the settlement of disputes and adverse parties should be free to adjust their differences by entry into agreements and stipulations of settlement which should be recognized and given effect by the tribunal having jurisdiction over the issues and statutory enforcement authority. 2. The parties agreed that the issues set forth in the Citation and Complaint have been fully resolved. Termination of the instant hearing is mandated because there was no dispute that all matters set forth in the Citation and Complaint have been fully resolved and the parties agreed to vacate the hearing. A.A.C.R2-19-111(1) and (4). ORDER

Pursuant to A.A.C. R2-19-111(1) and (4), it is ordered vacating the hearing in this matter and remanding this matter to the Director of the Arizona Registrar of Contractors for further disposition.

Done this day, February 5, 2013.

/s/ M. Douglas Administrative Law Judge

Copy mailed/e-mailed/faxed February 5, 2013 to:

William A. Mundell, Director Registrar of Contractors c/o Legal Department 1700 W. Washington Street, Suite 105 Phoenix, AZ 85007

Gerard and Company Inc Po Box 43805 Tucson AZ 85733-3805

Alfred and Mary Zulli 525 N Wilson Ave Tucson AZ 85719-5248

By: Cruz Serrano

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826